New Aerobic System in Texas: The First Two Years

Every new Texas aerobic system listed in 30 TAC §285.91(12), Table XII starts with an initial two-year service policy. Under 30 TAC §285.7(c), the policy “shall be effective for two years from the date the OSSF is first used”: for a new single-family dwelling, “the date of sale by the builder”; for an existing dwelling, “the date the notice of approval is issued by the permitting authority.” The owner or owner’s agent must give the permitting authority the signed policy “before the system is approved for use.”

The policy must meet the contract minimums in §285.7(d)(1)(A)–(E) and be fulfilled by a licensed maintenance provider or a technician under one. The first test is due within four months of the start date (§285.91(4), Table IV), with the report due within 14 days (§285.7(e)(1)(B)). Self-maintenance is not available until the policy ends (§285.7(d)(4)). A renewal is due 30 days before expiry (§285.7(d)(2)).

Summarizes public rules as of Oct 5, 2026; not legal advice; verify with your permitting authority.

What does 30 TAC §285.7(c) say?

“Initial Two-Year Service Policy. The initial two-year service policy shall be effective for two years from the date the OSSF is first used. For a new single family dwelling, this date is the date of sale by the builder. For an existing single family dwelling this date is the date the notice of approval is issued by the permitting authority. The owner, or owner’s agent shall provide the permitting authority with a copy of the signed initial two-year service policy before the system is approved for use. The initial service policy shall meet the minimum guidelines for maintenance contracts, as described in §285.7(d)(1)(A) - (E) and the individual fulfilling the service policy shall be a maintenance provider or a maintenance technician working under the supervision of a maintenance provider.”

Two details affect scheduling. First, for a new build the start date is the builder’s sale date, which can be months after the notice of approval; the policy may be signed and filed well before it takes effect. Second, for a replacement system on an existing home the start date is the notice of approval, which the authority must issue “within seven calendar days after the OSSF has passed the construction inspection” (§285.3(e)(1)). Many authorities and providers call the notice of approval the “license to operate”; the rule’s term is notice of approval (§285.2(42)).

Timeline from permit to renewal

Step	Rule	Timing
Deed affidavit recorded and affirmed	30 TAC §285.3(b)(3)	Before the authorization to construct issues
Authorization to construct	30 TAC §285.3(d)(1)	Valid one calendar year; expires if no inspection is requested
Installer requests inspection	30 TAC §285.3(d)(2)	At least five working days before the system is ready
Signed two-year policy to permitting authority	30 TAC §285.7(c)	Before the system is approved for use
Notice of approval issued	30 TAC §285.3(e)(1)	Within seven calendar days after passing inspection
Policy effective date	30 TAC §285.7(c)	New dwelling: builder’s sale date; existing dwelling: notice of approval date
Tag installed on the system	30 TAC §285.7(e)(2)	At the beginning of the policy
First test and inspection	30 TAC §285.91(4), Table IV	Within four months of the effective date
Each report	30 TAC §285.7(e)(1)(B)	Within 14 days after each test
Renewal contract or self-maintenance election	30 TAC §285.7(d)(2), (d)(4)	30 days before the policy expires

What must the policy contain?

The same minimums as a maintenance contract, items (A) through (E) of 30 TAC §285.7(d)(1): covered items; a response time frame for owner complaints; the name of the responsible maintenance provider; the frequency of routine maintenance, testing, and reporting; and who maintains the disinfection unit. Item (F), the provider’s business address and telephone, is not cross-referenced in §285.7(c) but belongs on any policy an authority will file. See What must a Texas aerobic maintenance contract contain?.

Who delivers what?

• The owner or owner’s agent provides the signed policy to the permitting authority before approval for use (§285.7(c)) and records the deed affidavit (§285.3(b)(3)). In most new installations the installer or builder acts as the owner’s agent for these filings; the rule’s installer duties in §285.61 do not list the policy, so confirm in writing who is filing it.
• The maintenance provider signs the policy as the responsible individual (§285.7(d)(1)(C)), installs the weather-resistant tag “at the beginning of each maintenance contract” (§285.7(e)(2)), performs each four-month visit, and reports within 14 days (§285.7(e)(1)).
• The permitting authority verifies the contract (§285.62(20)) and issues the notice of approval (§285.3(e)).

When does the provider’s duty begin?

The policy is “effective for two years from the date the OSSF is first used” (§285.7(c)). The duty to test and report runs from that effective date, not from the signing date. For a new build the gap between signing and the builder’s sale can be long; record both dates and set the first-visit due date from the effective date. If the house sells during the policy, “the terms of the initial service policy will apply to the new owner” (§285.7(d)(4)(A)) and the end date does not reset.

What happens at the end of two years?

30 TAC §285.7(d)(2): “a copy of the signed maintenance contract shall be provided by the owner to the permitting authority 30 days before the expiration of the initial two-year service policy.” At that point a single-family owner may instead elect to self-maintain under §285.7(d)(4), subject to local restrictions; see Can homeowners maintain their own aerobic system in Texas?. Commercial, speculative residential, and multifamily owners must renew (§285.7(d)(4)(B)). If the provider is not continuing, §285.7(d)(3)(A) requires written notice to the permitting authority, the manufacturer, and the owner at least 30 days before service ceases.

Sources

• 30 TAC §285.7, Maintenance Requirements: https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-7
• 30 TAC §285.3, General Requirements: https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-3
• 30 TAC §285.91, Tables (Table IV, Table XII): https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-91
• TCEQ, Maintenance of On-Site Sewage Facilities: https://www.tceq.texas.gov/permitting/ossf/ossfmaintenance.html

Last verified: 2026-10-05. Summarizes public rules as of Oct 5, 2026; not legal advice; verify with your permitting authority.

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